If I was a few days late on rent and have a broken A/C, what to do if my landlord said he won’t fix until he gets rent on time?

UPDATED: May 18, 2012

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If I was a few days late on rent and have a broken A/C, what to do if my landlord said he won’t fix until he gets rent on time?

The A/C was broke when I moved in last winter and was told that it would be fixed by summer. I was around 1 week late this month. I wrote him to inquire about getting it fixed,and he wrote back saying, “I’ll consider fixing it when I get my rent on time”. Is that legal?

Asked on May 18, 2012 under Real Estate Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it is not proper.  If having a working air conditioner is part of your rental agreement and it is not fixed I would start an action against the landlord in landlord tenant court and ask that the court allow you to pay your rent in to court until it is fixed.  You do need to be on time with your rent but the proper way to deal with that is a late fee, not holding the AC issue hostage.  Good luck to you.

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